In a classic case of intellectual property law trying to keep up with technology, the U.S. International Trade Commission is expected to decide this week whether it has jurisdiction over infringing products that are in digital rather than physical form.
Attorneys say it’s not surprising that this question would arise in the digital age, and it was only a matter of time before it would have to be addressed by the courts. But it didn’t seem that this case would be the one to tip the judicial scales when San Jose, Calif.-based Align Technology sued ClearCorrect Inc. for patent infringement back in 2011 in U.S. District Court in Houston. In fact, it started out as a routine infringement suit between two rival companies that make clear, nearly invisible orthodontic braces.
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